Can a Big Air Trampoline Park franchisee make agreements on behalf of the franchisor?
Big_Air_Trampoline_Park Franchise · 2025 FDDAnswer from 2025 FDD Document
Neither party hereto shall make any agreements, representations or warranties (except by Franchisor in advertising as provided herein) in the name of, or on behalf of, the other party; neither party hereto shall be obligated by, nor have any liability for, any agreements, representations or warranties made by the other (except by Franchisor in advertising as provided herein) nor shall Franchisor be liable for any damages to any person or property, directly or indirectly, arising out of the operation of Franchisee's Big Air Trampoline Business, whether caused by Franchisee's negligent or willful action or failure to act.
Source: Item 23 — RECEIPT (FDD pages 53–255)
What This Means (2025 FDD)
According to the 2025 Big Air Trampoline Park FDD, franchisees are explicitly prohibited from making agreements, representations, or warranties on behalf of the franchisor. The only exception to this rule is if Big Air Trampoline Park makes these statements themselves in advertising. This means a franchisee cannot bind the franchisor to any obligations or liabilities through their actions or statements.
This stipulation reinforces the independent contractor relationship between Big Air Trampoline Park and its franchisees. Franchisees must present themselves as separate entities in all dealings with the public, ensuring clarity that Big Air Trampoline Park is not liable for the franchisee's business operations. This separation is crucial for protecting the franchisor from potential legal or financial repercussions arising from the franchisee's actions.
This arrangement is typical in franchising, where franchisees operate independently while adhering to the franchisor's system and standards. Franchisees bear the responsibility for their own business conduct and are accountable for any damages resulting from their operations. This division of responsibility is a fundamental aspect of the franchise business model.